Update expected in Trump hush-money case as post-election filing due

Prosecutors in Donald Trump’s Manhattan criminal hush-money case are expected to submit paperwork on Tuesday indicating how they believe the case should proceed in light of the election.

The expected filing comes one week after Judge Juan Merchan delayed ruling on Trump’s presidential immunity bid. Merchan’s postponement followed prosecution and defense filings requesting a delay in proceedings after Trump’s victory.

The filing this week would come in the wake of several postponements of Trump’s sentencing in his state-level case. On 30 May, Trump was found guilty of 34 felony counts of falsifying business records in a plot to influence the 2016 election.

This verdict seemed poised to deal a potentially deadly blow to Trump’s campaign as the then presumptive Republican presidential candidate. The campaign for Joe Biden, who at the time was running for re-election, remarked: “no one is above the law” in an email shortly after the jury’s decision.

Indeed, the criminal case against Trump cast him as a man who seemed to be lacking moral character required of the office. The prosecution said that Trump falsely recorded repayments to his then lawyer, Michael Cohen, for a $130,000 payment to the adult film star Stormy Daniels, so she would remain silent her about an alleged sexual encounter with Trump, as “legal expenses”.

Prosecutors told jurors that these misstatements were recorded to mask Trump’s violation of New York election law, which holds criminal promoting election of any person to office through illicit means.

Jurors were told that those illegal means were the $130,000 payoff to Daniels. The money was, they claimed, an unlawful campaign contribution, as it was paid to boost Trump’s 2016 bid – going over the $2,700 individual contribution cap.

Trump’s poll numbers held throughout the trial, and he did not lose support despite becoming the first US president – former or sitting – to not only stand criminal trial but also to be found guilty of a crime. He was chosen as the Republican presidential nominee and bested Kamala Harris on 5 November in the race for president.

Trump’s original sentencing date was 10 July. This proceeding was put off following the 1 July US supreme court ruling that gave sitting presidents broad immunity for official acts undertaken while in office.

Trump’s team pushed Merchan to postpone his sentencing following the supreme court’s decision. Trump also tried to challenge his conviction, noting the supreme court decision.

Merchan consented to considering the legal issues and delayed sentencing until 18 September “if such is still necessary”. In August, Trump’s lawyers requested additional time, arguing that they needed it to potentially appeal Merchan’s ruling.

On 6 September, Merchan pushed Trump’s sentencing back again to 26 November – weeks after election day – writing that the situation was “fraught with complexities”. The delay, Merchan said, was intended to “to avoid any appearance – however unwarranted – that the proceeding has been affected by or seeks to affect the approaching presidential election in which the defendant is a candidate”.

The prosecution on 10 November emailed Merchan noting that Trump’s lawyers had requested they agree to a postponement in order to look over “a number of arguments based on the impact on this proceeding from the results of the presidential election; defendant’s forthcoming certification as president-elect on January 6, 2025; and his inauguration on January 20, 2025”.

“The people agree that these are unprecedented circumstances and that arguments raised by defense counsel in correspondence to the people on Friday require careful consideration to ensure that any further steps in this proceeding appropriately balance the competing interests of (1) a jury verdict of guilty following trial that has the presumption of regularity; and (2) the office of the president,” prosecutors said in their missive.

Prosecutors requested that Merchan give them time to “assess recent developments” and allow them until 19 November to indicate what they think are “appropriate steps going forward”. Prosecutors said they had spoken with Trump’s team and that they agreed to this request.

The weekend of prosecutors’ filing, Trump’s lawyers argued that there were “strong reasons for the requested stay, and eventually dismissal of the case in the interests of justice”.

Trump’s win has thwarted his other criminal cases, including the federal election interference and classified documents cases. The state-level election case in Georgia is on pause pending appeal in the wake of news that the Fulton county district attorney, Fani Willis, had hired a man with whom she had an affair as prosecutor.

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